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FL H0491
Bill
Status
Introduced
1/24/2023
Primary Sponsor
Civil Justice Subcommittee
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AI Summary
- Amends Chapter 727, Florida Statutes, to revise the legislative intent to emphasize both the "administration and orderly liquidation" of insolvent estates, rather than just liquidation
- Grants courts judicial discretion to determine compliance with Rule 1.200, Florida Rules of Civil Procedure, including scheduling case management conferences and requiring periodic status reports
- Establishes personal liability protections for assignees acting in good faith compliance with court orders, judgments, decrees, and rules of law, while creating exceptions for acts or omissions that are outside the scope of duties, grossly negligent, or constitute malfeasance
- Requires that claims against an assignee or the assignee's agents and professionals be brought before the assignee's discharge under s. 727.116, after which all accrued and reasonably known claims are deemed released and forever barred
- Removes creditors from the turnover requirement under s. 727.106, exempting creditors holding liens or rights of setoff or recoupment from the obligation to turn over estate assets upon notice of assignment proceedings
- Requires negative notice procedures for an assignee's rejection of unexpired leases and authorizes the court to specify an effective date of rejection different from the date of the court order; effective July 1, 2023
Legislative Description
Assignment for the Benefit of Creditors
Last Action
Laid on Table; companion bill(s) passed, see CS/CS/SB 600 (Ch. 2023-219)
4/20/2023
Committee Referrals
Judiciary3/21/2023
Civil Justice Subcommittee2/1/2023
Full Bill Text
No bill text available